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HomeMy WebLinkAboutC-244 Ricketts/Dehne, As AmendedDULY ENTERED FOR TAXATION Subject to final acceptance for transfer day of ,20 ,~ ~J..,~ ~ Auditor of Uamilton Coum~ Parcel Cf ORDINANCE NO. C-244 AS AMENDED SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON 200300041881 . Filed for Re¢o~dI inDIANA HAMILTON COUNTY. N JENNIFER J HAYDEN 05-01-2003 At 03:14 pm. ANNEXATION 22.00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, ANNEXING CERTAIN TERRITORY TO THE CITY OF CARMEL, INDIANA, PLACING THE SAME WITHIN THE CORPORATION BOUNDARIES THEREOF AND MAKING THE SAME A PART OF THE CITY OF CARMEL WHEREAS, well defined long term plarming benefits the City of Carmel ("City") and the community at large; and WHEREAS, in recognizing the need and benefit of long term planning, the Common Council of the City of Carmel, Indiana ("Council") is desirous of annexing a certain portion of Clay Township into the City of Carmel (the "Annexation Territory"); and WHEREAS, the Annexation Territory is contiguous to the existing city limits of the City of Carmel; and WHEREAS, a map describing the boundaries of the Annexation Territory is attached hereto and incorporated herein as Exhibit A; and WHEREAS, a legal description of the Annexation Territory is attached hereto and incorporated herein as Exhibit B; and WHEREAS, the Annexation Territory consists of approximately 2.31 acres; and WHEREAS, the Annexation Territory is needed and can be used by the City for its development in the reasonably near further; and WHEREAS, responsible planning and state law require adoption of a fiscal plan and a definite policy for the provision of certain services to annexed areas; and WHEREAS, prior to the publication and issuance of notice of public hearing, this Council, by resolution, will adopt a written fiscal plan and definite policy for the provision of services of both a non-capital and capital nature to the Annexation Territory; and WHEREAS, the written fiscal plan and definite policy adopted by resolution will include the provision of services of a noncapital nature to the Annexation Territory within one year after the effective date of this armexation in a mariner equivalent in standard and scope to those noncapital services provided to areas within the current corporate boundaries, regardless of similar topography, patterns of land use, and population density; and SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON WHEREAS, the written fiscal plan and definite policy adopted by resolution will include the provision of services of a capital nature to the Annexation Territory within three years after the effective date of this annexation in the same manner those services are provided to areas within the current corporate boundaries, regardless of similar topography, patterns of land use, and population density and in a manner consistent with federal, state and local laws, procedures, and planning criteria and consisted with the annexation policy previously adopted by this Council; and WHEREAS, prior to the final adoption of this Ordinance, the Council will have conducted a public hearing pursuant to proper notice issued as required by law; and WHEREAS, the Council finds that the annexation of the Annexation Territory pursuant to the terms of this Ordinance is fair and equitable and should be accomplished. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: 1. The above recitals are incorporated herein by reference as though fully set forth herein below. 2. In accordance with I.C. 36-4-3-4, the Annexation Territory is hereby annexed to the City of Carmel and thereby included within its corporate boundaries pursuant to the terms of this Ordinance. 3. The Annexation Territory is assigned to Carmel Common Council District No. 2. 4. All prior Ordinances or parts thereof which may be inconsistent with any provision of this Ordinance are hereby repealed. The paragraphs, sentences and words of this Ordinance are separable, and if any portion hereof is declared unconstitutional, invalid or unenforceable by a court of competent jurisdiction, such declaration shall not affect the remaining portions of this Ordinance. 5. This Ordinance shall be in full force and effect from and after the date of its passage and signing by the Mayor and such publication and recordation as is required by law. PASSED by the Common Council of the City of Carmel, Indiana, this I&~day of ~ _~/tp/tj~ Blt', 2002, by a vote of~ ayes and ~ nayes. 2 SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON COMM{~N ~UNCIL OF THE CITY OF CARMEL Wa~e Wilson, President Pro Tempore --~~; ~_ ATTEST: ~)iana L. C~rdra~, Ih2ffC, Clerkdr~easurer ~,~//03/ Presented by me to the Mayor of the City of Carmel, Indiana this 9-I~'~t day of ~]qL~'21[V_, 2002, at [ r :~) 0 ~-'- .M. . ~._~ D~in~r Clark for Diana L. Cordray, .IA?C, Clerk-Treasu of the City of Carmel, Indiana, this,~} ~day of_'//! t9 U, 2002, ,//AppLoved by me, Mayor at ~/~.M. ~/t(nes Brainard, May ATTEST: ~ana L. Cordray, I~LM~Clerk-Tr~asurer Dep~yCl~kfor Prepared by: Sue A. Beesley Bingham McHale LLP 1100 Chamber of Commerce Bldg. 320 N. Meridian Street Indianapolis, 1N 46204 ST [ 115TH ST EXHIBIT B LEGAL DESCRIPTION. REVISED LEGAL DESCRIPTION-ANNEXATION ORDINANCE C-24~ Part of the Southeast Quarter of Section 19, Township 18 North, Range 4 East in Clay Township, Hamilton County, Indiana, being more particularly described as follows: Beginning at the southwest comer of parcel #1710190000007000 and the southeast comer of the Smokey Hollow subdivision, said point being located on the north right of way line of East 136th Street, then proceeding northward along the western boundary of parcel #1710190000007000 and the eastern boundary of the Smokey Hollow subdivision, to the northwest comer of said parcel #1710190000007000 (coincident with the corporate limits of the City of Carmel, then proceeding eastward along the northern boundaries of parcel #1710190000007000 and parcel #l 710190000006000, and the southern boundary of the Smokey Ridge subdivision, to the northeast comer of said parcel #1710190000006000 (coincident with the corporate limits of the City of Carmel), then proceeding southward along the eastern boundary of parcel #1710190000006000, and along the western boundary of the Smokey Ridge subdivision, to the southeast comer of said parcel # 1710190000006000, said point being located on the north right of way line of East 136t~ Street (coincident with the corporate limits of the City of Carmel), .... .,~t~ o..~, to a ~oint on the centerline then proceeding directly southward, across the north half right of way oI t~ast t.*u ou~,.,v of East 136th Street, said centerline coinciding with the south line of Section 19, Township 18 North, Range 4 East (coincident with the corporate limits of the City of Carmel), then proceeding westward along the centerline of East 136'h Street and the south line of Section 19 to a point directly south of the southwegt comer of parcel #1710190000007000 (coincident with the corporate limits of the City of Carmel), then proceeding directly northward to the southwest comer of parcel # 1710190000007000, said comer being the point of beginning (coincident with the corporate limits of the City of Carmel) containing 2.31 acres more or less. This annexation includes the following parcels: 1710190000007000 1710190000006000 The following right of way is included in this annexation: The north half right of way of East 136th Street.